M/S.Gangai Spinning Mills (Garments Division) v. The Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 29192 of 2025 & W.M.P.Nos. 32753 & 32755 of 2025 M/s. Gangai Spinning Mills (Garments Division) (Defunct From 01.12.2011) Rep. by its Partner R.Mathiyalagan, Residing at No.490/5, Kolinjikadu Thottam, Sirupooluvapatti, Tirupur - 641 603.

...Petitioner

Vs.

1.The Deputy Director, 1/5

2.The Recovery Officer,

...Respondents

Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorari, calling for the entire records in pursuant to the impugned Prohibitory Order No.CBE/RECY/CP4/56001102530000106 dated 12.07.2024 issued by the 2nd respondent and quash the same For Petitioner :

Mr. A.R.Kuppusami For Respondents :

Mr. Rajaramani Standing Counsel.

2/5

O R D E R

It is now brought to the notice of the Court by the learned Standing Counsel for the respondent corporation that the order under Section 45 A of the ESI Act dated 10.09.2020 has not been served on the petitioner and without service of this order the subsequent impugned order has been passed. Therefore, the orders are set aside and the xerox copy of the order under Section 45 A has now been served on the learned counsel appearing for the petitioner. The petitioner shall therefore file an appeal within a period of 2 weeks from the date of receipt of a copy of this order.

2. The Writ petition is allowed. Consequently, the connected miscellaneous petitions are closed. No costs. 07.08.2025 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The Deputy Director, 2.The Recovery Officer, 4/5

P.T. ASHA, J kan 07.08.2025 5/5